The State Food and Drug Administration issued the "Cosmetics Supervision and Management FAQ (2)"

Author: 国瓴律师
Published on: 2020-04-01 00:00
Read: 13

On March 26, the State Drug Administration issued the "Frequently Asked Questions on the Supervision and Management of Cosmetics (2)", sorting out the problems found in the registration and filing of cosmetics and the cosmetics industry, and answering them one by one according to China's current cosmetics regulations and relevant technical specifications. The details are as follows:

 

Q: The original packaging of imported products is marked with the contents prohibited by Chinese regulations, such as the expression of "anti-inflammatory ingredients" in the product claim, how to declare when registering or filing?


A: If the content of the original packaging of imported products does not meet the relevant requirements of China's cosmetics regulations, it should first be combined with the use of the product, the role of the part, the purpose of use, etc., to determine whether the product belongs to the definition of cosmetics stipulated in China's regulations. Those that do not belong to the definition of cosmetics in China shall not be declared for registration or put on record in accordance with imported cosmetics. Belong to the definition of cosmetics, should be in accordance with the requirements of China's cosmetics label management regulations, the relevant content of the product packaging label should be modified and improved.


Q: For whitening cosmetics that claim to have only physical covering effect, can they be registered under the product category of "Freckle removal (physical covering effect only)" when non-physical whitening ingredients are added to the product formula?

A: According to the former State Food and Drug Administration issued the "Notice on the adjustment of the registration and filing management of cosmetics" (No. 10 of 2013), whitening cosmetics with only physical covering effect refer to products that achieve skin whitening and whitening effect through physical covering form. Whitening cosmetics that claim to have only a physical covering effect and add whitening ingredients with non-physical covering effect to the product formula should be able to provide sufficient scientific evidence to prove that the purpose of the use of the ingredients is not for whitening and whitening effect, otherwise it shall not be registered in accordance with the product category of "freckle removal (only with physical covering effect)".


Q: What is the management of shampoos, hair masks and other products that claim to "neutralize hair tone" and change hair color?


A: All products that are designed to change hair color and can not restore the original color of hair after immediate cleaning after use should be strictly managed in accordance with hair color products. Shampoo, hair mask and other products that can change hair color such as "neutralized hair tone" should belong to hair dye products, and should be marked with warning words and other information on the product label in accordance with the relevant provisions of the label management of hair dye products. At the same time, in terms of product safety evaluation, in addition to meeting the requirements of conventional hair color products, the corresponding safety evaluation requirements such as toxicology tests and safety risk assessment should be determined according to the exposure frequency and use mode of shampoo, hair mask and other products.


Q: There are some cosmetics on the market whose product names are inconsistent with the use method indicated on the label. For example, the name of the product is "Whole face eye cream", and the method of use is "can be applied to the eyes and other parts of the face"; The name of the product is "face cream", and the role of the use method includes the eyes, lips, face, etc. How are these products regulated?


A: The product name of cosmetics should generally be consistent with the product attributes such as the method of use, the part of use, and the purpose of use, and it is not appropriate to use product naming methods that are difficult for consumers to understand such as "whole face eye cream". Where the use of the product name or label labeling involves multiple parts of use, it shall be managed in accordance with the stricter safety requirements involved in the product name or label labeling content of the product. The above two products, the name of the product contains "eye cream" or the application of the method includes the eyes, lips, face, etc., should be managed in accordance with the relevant safety requirements of eye cosmetics.


Q: How to manage the use of raw material names in the Chinese name of cosmetics? What are the specific requirements when the name of the raw material used is the common name or the name of the whole plant?


A: According to the requirements of the "Regulations on the Naming of Cosmetics", the use of specific raw material names or raw material category words in the product name should be consistent with the product formula ingredients. Where the name of a specific raw material is used in the product name, the ingredients of the product formula shall contain the raw material; Where the term raw material category is used in the product name, the ingredients of the product formula shall contain specific raw materials that can be included in the category. Where the name of the raw material used in the product name is a popular name, the popular name shall have a consistent correspondence with the standard Chinese name of the raw material in the product formula. Where the name of the raw material used in the product name is the name of the whole plant, the ingredients in the product formula may be the raw material of the specific part of the plant.

 

 

Q: After the adjustment of the product formula, the new formula product still uses the name of the old formula product that has been cancelled, can you add words such as "upgraded version" to distinguish it?


A: Considering that after the adjustment of the product formula, the new product still uses the product name of the cancelled product, the new product and the old product may exist in the market at the same time, in order to protect the consumer's right to know, the new product label can be marked with "new formula", "formula adjustment" and other objective terms to distinguish. Terms such as "upgraded version" have no clear basis for judgment and are suspected of misleading consumers.


Q: The recommended national standard or industry standard sets the pH value index of facial cleanser, skin care lotion, hair perm and other related categories of products in a relatively broad range. Can enterprises directly refer to the corresponding pH value index in the recommended national standard or industry standard when setting the pH value control range of specific products?


A: In order to make the standard universally applicable, the recommended national standards or industry standards for relevant categories of cosmetics set a relatively broad range of pH indicators, some containing both acidic and alkaline regions, and some even reaching the degree of strong acid or alkali. When setting the pH value control range of specific products, enterprises should set the pH value control range that can characterize the safety control indicators of the product according to the product formula, production process, use method, etc., and should not fully copy the pH value indicators set in the recommended national standards or industry standards.

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